Financial Information; Solvency. All information delivered to Administrative Agent and pertaining to the financial condition of any Credit Party fairly presents the financial position of such Credit Party as of such date in conformity with GAAP (and as to unaudited financial statements, subject to normal year-end adjustments and the absence of footnote disclosures). Since June 30, 2007, there has been no material adverse change in the business, operations, properties, prospects or condition (financial or otherwise) of any Credit Party. Each Borrower and each additional Credit Party is Solvent.
Financial Information; Solvency. (a) Except as disclosed in ITEM 4 ("Exceptions to GAAP") of the Disclosure Schedule, all balance sheets, all statements of operations, stockholders' equity and cash flows, and all other financial information of the Borrower which have been or shall hereafter be furnished by or on behalf of the Borrower to each Lender and the Agent for the purposes of or in connection with this Agreement or any transaction contemplated hereby, including
Financial Information; Solvency. (a) Parent has made available to the independent directors of the Company Board true and correct copies of (i) the audited consolidated balance sheets of Staples and its Subsidiaries as of February 3, 2018 (Successor) and January 28, 2017 (Predecessor) and the related audited consolidated statements of income, comprehensive income, stockholders’ equity and cash flows of Staples and its Subsidiaries for the periods June 15, 2017 through February 3, 2018 (Successor) and January 29, 2017 through September 12, 2017 and the years ended January 28, 2017 and January 30, 2016 (Predecessor), together with a report on the financial statements from the independent accounts for Staples and its Subsidiaries (the “Staples Audited Financial Statements”), and (ii) the unaudited condensed consolidated balance sheets of Staples and its Subsidiaries as of May 5, 2018 and the unaudited condensed consolidated statements of comprehensive income and cash flows of Staples and its Subsidiaries for the thirteen weeks ended May 5, 2018 (the “Staples Interim Financial Statements” and, together with the Staples Audited Financial Statements, the “Staples Financial Statements”).
Financial Information; Solvency. The Administrative Agent and the Arrangers shall have received:
Financial Information; Solvency. (a) The balance sheet of the Consolidated Borrower and Grupo Cinemex as of December 31, 2003 and the related Translation from Spanish [SEAL] consolidated statements of income, changes in stockholders’ equity and changes in financial position for the Fiscal Year then ended, reported on by PriceWaterhouseCoopers, S.C., a copy of which has been delivered to each of the Banks, fairly present, in conformity with Mexican GAAP, the consolidated financial position of the Consolidated Borrower and Grupo Cinemex as of such date and their consolidated results of operations and cash flows for such Fiscal Year.
Financial Information; Solvency. (a) All balance sheets, all statements of operations, stockholders' equity and cash flows, and all other financial information of the Loan Parties which have been or shall hereafter be furnished by or on behalf of the Borrower to each Lender and the Agent for the purposes of or in connection with this Agreement or any transaction contemplated hereby, have been prepared in accordance with GAAP consistently applied (except to the extent items in the Projections are based upon estimates) throughout the periods involved and present fairly in all material respects the matters reflected therein subject, in the case of unaudited statements, to changes resulting from normal year-end audit adjustments and except as to the absence of footnotes. As of the date hereof, no Loan Party has material contingent liabilities or material liabilities for taxes, long-term leases or unusual forward or long-term commitments which are not reflected in the financial statements of the Borrower for the Fiscal Year ending December 31, 2001 and the accompanying footnotes.
Financial Information; Solvency. (a) The consolidated balance sheet of the Borrower and its Consolidated Subsidiaries as of December 31, 2000 and the related consolidated statements of income, changes in stockholders' equity and changes in financial position for the Fiscal Year then ended, reported on by Arthur Andersen & Co., a copy of which has been delivered to each of xxx Xxnxx, xxxxly present, in conformity with Mexican GAAP, the consolidated financial position of the Borrower and its Consolidated Subsidiaries as of such date and their consolidated results of operations and cash flows for such Fiscal Year.
Financial Information; Solvency. (a) All balance sheets, all statements of operations, stockholders’ or members’ equity and cash flows (excluding Projections and pro forma financial information) of the Loan Parties which have been or shall hereafter be furnished by or on behalf of the Borrower to each Lender and the Agent for the purposes of or in connection with this Agreement or any transaction contemplated hereby, have been prepared in accordance with GAAP consistently applied throughout the periods involved and present fairly in all material respects the matters reflected therein subject, in the case of unaudited statements, to changes resulting from normal year-end audit adjustments and except as to the absence of footnotes; provided, however, that financial statements delivered by the Borrower to the Lenders and the Agent pursuant to Section 6.1.1(c) have not been prepared in accordance with GAAP. As of the date hereof, no Loan Party has material contingent liabilities or material liabilities for taxes, long-term leases or unusual forward or long-term commitments other than those arising under the Major Project Documents or those reflected on such Loan Party’s financial statements (whether or not such items are required to be disclosed on a financial statement). The Projections that have been or shall hereafter be furnished by or on behalf of the Borrower to each Lender and the Agent are based upon estimates and assumptions stated therein, all of which the Borrower believes to be reasonable and fair in light of the then current conditions and current facts and reflect the good faith and reasonable estimates of the Borrower of the future financial performance of the Borrower and the other information projected therein for the time periods set forth therein.
Financial Information; Solvency. (a) All balance sheets, all statements of operations, stockholders’ equity and cash flows, and all other financial information of the Issuer and its Subsidiaries which have been furnished by or on behalf of the Issuer and its Subsidiaries to the Initial Purchasers for the purposes of or in connection with this Agreement or any transaction contemplated hereby, including the consolidated audited balance sheets of the Issuer as of December 31, 2003, and the related consolidated statements of income and cash flows for the Fiscal Year ended December 31, 2003, together with the opinion thereon of PricewaterhouseCoopers LLP have been prepared in accordance with GAAP consistently applied throughout the periods involved and present fairly in all material respects the matters reflected therein subject, in the case of unaudited statements, to changes resulting from normal year end audit adjustments and to the absence of footnotes. As of the date hereof and except for transactions contemplated by this Agreement and the other Documents, neither the Issuer nor any of its Subsidiaries has material contingent liabilities or material liabilities for taxes, long term leases or unusual forward or long term commitments which are not reflected in the financial statements described above.
Financial Information; Solvency. All information delivered to Asahi and pertaining to the financial condition of the Borrowers fairly presents in all material respects, when considered together, the financial position of the Borrowers as of such date in conformity with GAAP (and as to unaudited financial statements, subject to normal year-end adjustments and the absence of footnote disclosures). As of March 31, 2009, there has been no material adverse change in the business, operations, properties or financial condition of the Borrowers. The Borrowers, considered as a whole, are Solvent.
